Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation:  Marsh v.  Paquette, 2010 NSSC 43

Date: 20100205

Docket: Hfx. No. 149594

Registry: Halifax

 

Between:

Carolyn Marsh

Plaintiff

v.

 

Wendy Paquette

Defendant

 

LIBRARY HEADING

 

Judge:             The Honourable Justice Suzanne M. Hood

 

Heard:                        May 26-28; June 1-4; June 8-11; June 15-18;

June 22 & 23; June 29; July 17 and August 5, 2009

 

Final Written

Submissions:              November 10, 2009

 

Written Decision:       February 5, 2010

 

Subject:                       Personal Injury Claim

 

Summary:                   Carolyn Marsh was a front seat passenger in the family car stopped near the entrance to a parking lot. She says the car ahead reversed into their vehicle.  She claims that, as a result, she suffered neck and lower back injuries and psychological injuries.  She claims she now has chronic pain as a result of the injuries she sustained.  The defendant says the impact was minor and caused no injuries, physical or psychological.

 

Issue:                          1.   Credibility

2.   Causation

3.   Damages

4.   Pre-judgment interest and costs

 

Result:                        Plaintiff not credible.  Minor injuries sustained, which resolved quite quickly.  General damages: $10,000.00.  No award for loss of income, diminution of earning capacity or loss of valuable services.

 

 

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